Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider

The bench of Justices Vikram Nath and PB Varale noted that there have been conflicting views by the decisions of various division benches in interpreting the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 (HMA) and a bench comprising 3 Judges be set up to resolve the issue.

Notably, S. 24 provides for the interim maintenance during a pending litigation under the HMA between the spouses. S.25 provides for permanent alimony and maintenance.

As per S.11 of HMA a marriage is declared void if there is an element of bigamy; spouses are within the prohibited degrees of relationship or the parties are sapinda of each other under S.5 of the Act.

“Learned counsel appearing for the parties state at the Bar that these matters need to be considered by a Three Judge Bench combination as there are conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955 whether alimony can be granted where marriage has been declared void.”

The Court noted the following decisions to be favoring the grant if alimony in the event marriage is declared void :

1. Yamunabai Anantrao Adhav Vs. Anantrao Shivram Adhav & Another (1988) 1 SCC 530

2. Abbayolla Reddy Vs. Padmamma AIR 1999 AP 19

3. Navdeep Kaur Vs. Dilraj Singh (2003) 1 HLR 100

4. Bhausaheb @ Sandhu S/o Raguji Magar Vs. Leelabai W/o Bhausaheb Magar (2004) AIR Bom. 283(FB)

5. Savitaben Somabhai Bhatiya Vs. State of Gujarat & Others (2005) 3 SCC 636

On the contrary the following decisions rules against granting alimony in a marriage declared to be void :

1. Chand Dhawan Vs.Jawaharlal Dhawan (1993) 3 SCC 406

2. Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga (2005) 2 SCC 33

The Court directed the records to be placed before the Chief Justice of India DY Chandrachud to accordingly set up a 3 Judge bench to examine the issue.

“Accordingly, let the papers be placed before Hon'ble the Chief Justice of India for passing appropriate orders.”

Case Details : SUKHDEV SINGH v SUKHBIR KAUR Civil Appeal No(s). 2536/2019

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Citation : 2024 LiveLaw (SC) 605